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Can there be unequal profit-sharing in partnerships?

1. Legal Possibility of Unequal Sharing

  • Indian law allows partners to share profits unequally
  • The Indian Partnership Act permits flexibility in sharing terms
  • Profit-sharing ratio must be clearly mentioned in the partnership deed
  • There is no requirement for equal distribution unless otherwise agreed
  • Mutual consent of all partners is essential to establish unequal sharing

2. Basis for Unequal Distribution

  • Contributions to capital, skill, and time may influence the ratio
  • Some partners may take greater business responsibility
  • Risk-sharing and liability agreements can affect profit terms
  • Prior arrangements and mutual understanding define distribution
  • Partners may agree to compensate for other non-financial efforts

3. Importance of Written Agreement

  • The partnership deed should record specific sharing ratios
  • Written terms prevent confusion and future disputes
  • A deed must be signed by all partners for legal validity
  • Unequal sharing must be transparent and agreed in advance
  • Oral agreements are legally valid but not advisable for unequal terms

4. Impact on Internal Relations

  • Clearly defined roles support the acceptance of unequal sharing
  • Partners must respect the agreed structure for harmony
  • Communication helps avoid conflict over contributions and returns
  • Regular review of roles andthe  sharing ratio maintains fairness
  • Revisions can be made through mutual agreement at any time

5. Default Rule in Absence of Agreement

  • If no profit-sharing ratio is defined, profits are shared equally
  • This applies even if capital or effort differs among partners
  • Legal assumptions may not reflect the intended arrangement
  • Proper documentation overrides the default legal rule
  • It is essential to clarify the sharing terms in all formal agreements

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